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Cowan v. Woodrum

472 S.W.2d 749, 15 Tex. Sup. Ct. J. 81, 1971 Tex. LEXIS 249
CourtTexas Supreme Court
DecidedNovember 10, 1971
DocketB-2887
StatusPublished
Cited by23 cases

This text of 472 S.W.2d 749 (Cowan v. Woodrum) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cowan v. Woodrum, 472 S.W.2d 749, 15 Tex. Sup. Ct. J. 81, 1971 Tex. LEXIS 249 (Tex. 1971).

Opinion

ON APPLICATION FOR WRIT OF ERROR

PER CURIAM.

Respondent, Walter Woodrum, brought suit against Petitioners for damages resulting from an alleged breach of a contract connected with sale of certain bank stock. Petitioners moved for summary judgment pursuant to Rule 166-A, Texas Rules of Civil Procedure, and Respondent did not move for summary judgment. The trial court granted Petitioners’ motion, entering summary judgment that Respondent take nothing.

The Court of Civil Appeals reversed and proceeded to render judgment for Respondent, except as to the amount of damages, the judgment reading in part as follows:

“* * * the judgment of the trial court sustaining defendants’ motion for summary judgment, and rendering judgment that plaintiff take nothing is reversed; and the cause is remanded to the trial court for determination of the issue of *750 damages and rendition of judgment consistent with this opinion.” 468 S.W.2d 592, 600.

The Court of Civil Appeals had before it only the issue of whether the motion for summary judgment for Petitioners was improvidently granted. The appeal afforded no basis for a rendition of judgment for the Respondent, and therefore the decision of the Court of Civil Appeals is in conflict with this Court’s opinion in Hinojosa v. Edgerton, Tex., 447 S.W.2d 670 (1969). In accordance with the provisions of Rule 483, Texas Rules of Civil Procedure, and without granting the application for writ of error, the judgment of the Court of Civil Appeals is reversed in part and modified so as to order a general remand of the cause to the trial court for a trial of all the issues. We do not reach the question of whether the Court of Civil Appeals was correct in any of its holdings other than that the summary judgment against Respondents was improvidently granted, and this opinion therefore constitutes no approval or disapproval of such holdings on other issues.

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Bluebook (online)
472 S.W.2d 749, 15 Tex. Sup. Ct. J. 81, 1971 Tex. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowan-v-woodrum-tex-1971.